• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Mastro, J.P.; Dickerson, Lott and Austin, JJ.
EUROPEAN GRANITE AND MARBLE GROUP, INC., ap, v. DONALD MCNAUGHTON, res — (INDEX NO. 983/11)In an action, inter alia, to recover damages for breach of contract and breach of fiduciary duty, the plaintiff appeals (1) from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated June 28, 2011, as denied that branch of its motion which was, in effect, to preliminarily enjoin the defendant from using a certain telephone number, and (2) from an order of the same court dated November 28, 2011, which granted the defendant's motion for summary judgment dismissing the complaint and on his counterclaim.